Project Specifications

Delta College S-Wing Flooring Abatement Project

Prepared for:

Delta College

1961 Delta Road University Center, Michigan 48710

Prepared by:

Northern Analytical Services

14870 225th Avenue Big Rapids, Michigan 49307

Phone: 231-268-0004

Fax: 866-214-4739

Project No.: 250300 Date: October 21, 2025

PROJECT SUMMARY

Delta College intends to remove floor coverings from the lower and upper levels of S-Wing. The WORK covered under these PROJECT SPECIFICATIONS is intended to accomplish the necessary abatement work needed. The WORK shall be completed by a State of Michigan licensed asbestos abatement contractor with only accredited abatement workers and abatement supervisors completing the work in accordance with the Asbestos Hazard Emergency Response Act (AHERA) requirements.

The scope of work includes removal of all (approximately 16,000 square feet) of the floor tile & mastic found in the areas indicated on the provided drawings as asbestos containing. Mastic removal shall be completed using wet grinding methods. The project is expected to start on May 4, 2026 and be completed by May 28, 2026.

The Owner has contracted Northern Analytical Services, LLC. (NAS) to prepare these Project Specifications and to perform oversight and air quality testing. NAS will perform all necessary asbestos air clearance testing using phase contrast microscopy (PCM) with aggressive sampling methods.

Project Information

Project Name: Delta College S-Wing Flooring Abatement

Owner: Delta College

Owner Contact Name: Mr. Anthony Khalil Owner Contact Number: 989-686-9407

Pre-Bid Meeting Date: November 4, 2025 at 11:00 AM

Pre-Bid Meeting Address: S-Wing, 1961 Delta Road, University Center, Michigan 48710

Davis Bacon Wage Rates are not required.

Prevailing Wage Rates are required.

Bids Due By: 2:00 PM on November 12, 2025

Anticipated Start Date: May 4, 2026 Anticipated Completion Date: May 28, 2026

Questions Directed To: John Rehkopf John@northernas.com

Project Designer: John Rehkopf

Michigan Accreditation No.: A16809

Delta College S-Wing Flooring Abatement

Table of Contents

PROJECT SUMMARY

PROJECT INFORMATION

TABLE OF CONTENTS

ADVERTISMENT FOR BIDS

CONSIDERATION OF BIDS

1.0 DEFINITIONS

1.2 OWNER RIGHT TO REJECT

1.3 BIDDER QUALIFICATIONS

INSTRUCTIONS TO BIDDERS

1.0 BID FORM

1.1 BID SUBMISSION

1.2 BID DEADLINE

1.3 SIGNATURES

1.4 BID GUARANTEE

1.5 SITE INSPECTION

1.6 BIDDER EXAMINATION OF THE PROJECT SPECIFICATIONS

1.7 ADDENDA

1.8 BID FORMS

BID FORM

1.1 BONDS, FEES, PERMITS AND TAXES

1.2 VOLUNTARY ALTERNATES

1.3 UNIT PRICING

1.4 SCHEDULE OF VALUES

1.5 ASBESTOS-FREE PRODUCT INSTALLATION

1.6 NON-COLLUSIVE CERTIFICATION

IRAN SANCTIONS ACT

GENERAL CONDITIONS

1.0 DEFINITIONS

1.1 CONFLICTS AND OMISSIONS

1.2 ROYALTIES, PATENTS, NOTICES AND FEES

1.3 EXAMINATION OF PREMISIS

1.4 MEASUREMENTS BY THE CONTRACTOR

1.5 WORKING CONDITIONS

1.6 MATERIALS AND WORKMANSHIP

1.7 EMPLOYEES AND SUPERINTENDENT

1.8 OTHER CONTRACTS

1.9 PROTECTION

1.10 INSURANCE

1.11 BONDS

1.12 CHANGES

1.13 TERMINATION FOR BREACH

1.14 CLEAN-UP

1.15 GUARANTEE

1.16 PAYMENT

1.17 LIQUIDATED DAMAGES

1.18 ADDITIONAL TESTING FEES

1.19 INSPECTION

2.0 SUPPLEMENTARY GENERAL CONDITIONS

2.1 MICHIGAN RIGHT-TO-KNOW LAW

2.2 SAFETY REGULATIONS

2.3 PARKING

2.4 EQUIPMENT STORAGE

2.5 WORK SCHEDULE

2.6 WASTE STORAGE

2.7 DESIGNATED AREAS

2.8 PREVAILING WAGE & BENEFIT RATES

2.9 DAVIS BACON WAGE RATES

2.10 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

2.11 CIVIL RIGHTS ACT

2.12 MINORITY SUBCONTRACTORS AND SUPPLIERS

2.13 MODIFICATIONS TO BIDS

2.14 INTERPRETATION OF PROJECT SPECIFICATIONS

2.15 SUBSTITUTION OF MATERIAL

2.16 TIME OF COMPLETION

2.17 LIQUIDATED DAMAGES

2.18 SITE VISIT AND INSPECTION

GENERAL REQUIREMENTS

1.1 SUMMARY OF WORK

1.2 CODES, REGULATIONS, AND STANDARDS

1.3 FEDERAL REQUIREMENTS

1.4 STATE REQUIREMENTS

1.5 LOCAL REQUIREMENTS

1.6 STANDARDS

1.7 COORDINATION

1.8 NOTIFICATION

1.9 PROJECT FEE

1.10 PERMITS

1.11 LICENSES

1.12 POSTING AND FILING OF REGULATIONS

1.13 COOPERATION BY CONTRACTOR

1.14 CUTTING AND PATCHING

2.0 PROJECT MEETINGS

2.1 PRECONSTRUCTION MEETINGS

2.2 PROGRESS MEETINGS

3.0 SUBMITTALS

3.1 CONTRACTORS CONSTRUCTION SCHEDULE

3.2 PRODUCT DATA

3.3 MISCELLANEOUS SUBMITTALS

3.4 DAILY FIELD LOG

3.5 SPECIAL REPORTS

3.6 CONTINGENCY PLAN

3.7 ENVIRONMENTAL CONSULTANT’S ACTION

3.8 HYGIENIST’S RESPONSIBILITIES

3.9 CONTRACTOR RESPONSIBILITIES

4.0 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

4.1 TEMPORARY UTILITIES

4.2 TEMPORARY SANITARY FACILITIES

4.3 CONSTRUCTION AIDS

4.4 BARRIERS

4.5 SITE SECURITY

5.0 MATERIALS AND EQUIPMENT

5.1 STORAGE AND PROTECTION

6.0 CONTRACT CLOSE-OUT

6.1 SUBSTANTIAL COMPLETION

6.2 CLEANING OF NON-REGULATED WORK AREAS

6.3 GUARANTEES AND BONDS

6.4 PROJECT RECORD AND DOCUMENTS

DIVISION 2

028200 ASBESTOS REMEDIATION

1.0 INTRODUCTION

1.1 PROJECT DESIGNER

1.2 WORK PRACTICES

028213 ASBESTOS ABATEMENT

1.0 RELATED DOCUMENTS

1.1 SCOPE

1.2 DEFINITIONS

1.3 DOCUMENTS INCORPORATED BY REFERENCE

1.4 SUBMITTALS

1.5 PROJECT CONDITIONS

1.6 PERSONAL PROTECTIVE EQUIPMENT

1.7 AIR MONITORING BY THE CONTRACTOR

1.8 AIR MONITORING BY OWNER

1.9 PROJECT SCHEDULE

1.10 PERMITS AND NOTIFICATIONS

1.11 PERSONNEL TRAINING & CERTIFICATIONS

1.12 LIABILITY

1.13 SUBCONTRACTORS

1.14 QUALITY ASSURANCE

PART 2- PRODUCTS

2.0 PRODUCT DATA

2.1 AIR FILTRATION DEVICES (AFD)

2.2 CHEMICAL MASTIC REMOVER

2.3 DISPOSAL CONTAINERS

2.4 DISPOSABLE BATH TOWELS

2.6 GLOVE BAGS

2.7 HEPA FILTERED VACUUM EQUIPMENT

2.8 PLASTIC SHEETING

3.0 WORK AREA PREPARATION

3.1 WORK AREA ENTRY/EXIT PROCEDURES

3.2 REMOVAL OF ASBESTOS CONTAINING MATERIALS

3.3 CLASS IV CLEAN UP

3.4 WASTE CONTAINERIZING, DECONTAMINATION AND LOAD OUT PROCEDURES

3.5 DEMOLITION TO ACCESS ASBESTOS MATERIALS

3.6 CLEANINIG AND TESTING

3.7 DISPOSAL

3.8 PROJECT COMPLETION

FORMS ................................................................................................................................................................... A

VISUAL INSPECTION FORM ....................................................................................................................................... A WASTE SHIPMENT RECORD ...................................................................................................................................... A ASBESTOS ABATEMENT WORK PLAN ........................................................................................................................ A WORK AREA DESCRIPTION .............................................................................................................................................. A

DRAWINGS ............................................................................................................................................................ B

Project No.: 250300 Date: October 21, 2025

ADVERTISMENT FOR BIDS

Delta College S-Wing Flooring Abatement

Project Information Sealed bids will be accepted from qualified bidders by Delta College for the Delta College S-Wing Flooring Abatement project.

Site Inspection A non-mandatory pre-bid site inspection meeting will be held on November 4, 2025 at 11:00 AM at the S-Wing, 1961 Delta Road, University Center, Michigan 48710. At this meeting bidders will be given a tour of the site where they can become familiar with the site conditions and secure necessary measurements.

Bid Information Bids will be received until 2:00 PM local time on November 12, 2025 at the john@northernas.com. Bids received after the deadline will not be accepted and will be returned to the bidder unopened.

Specifications Specifications will be available online free of charge at http://www.northernas.com A printed copy may be purchased for a non-refundable fee of $50.00. Plans may be obtained by contacting John Rehkopf of Northern Analytical Services, LLC. All questions regarding the project are to be directed in writing to John Rehkopf at john@northernas.com or by fax at 866-214-4739.

Bid Security A bid security in the amount of five percent (5%) of the base bid amount is required and shall accompany the bid. Bid security may be in the form of a bid bond issued by a qualified surety authorized to do business in the State of Michigan, a cashier’s check, or money order payable to Delta College. Bids may not be withdrawn for a period of 60 days after the bid date.

Iran Economics Sanctions Act All bids shall be accompanied by a sworn and notarized affidavit of compliance with the Iran Economic Sanctions Act. The Owner shall not accept a bid that does not include this sworn and notarized affidavit.

Bid Acceptance Delta College reserves the right to reject any or all bids per MCL 380.1267.

End of Advertisement http://www.northernas.com/ mailto:john@northernas.com

CONSIDERATION OF BIDS

1.0 DEFINITIONS

A. OWNER: Delta College.

B. ENVIRONMENTAL CONSULTANT: Northern Analytical Services, LLC.

C. HYGIENIST: Northern Analytical Services, LLC.

D. CONTRACTOR: The BIDDER contracted by the OWNER to complete THE WORK.

E. THE WORK: The scope of work defined by these PROJECT SPECIFICATIONS.

F. BIDDER: A person/persons/company (entity) submitting a bid to the OWNER in accordance with these PROJECT SPECIFICATIONs.

1.2 OWNER RIGHT TO REJECT

A. The BIDDER acknowledges the right of the OWNER to reject any or all bids and to waive any informality or irregularity in any bid received. In addition, the BIDDER recognizes the right of the OWNER to reject a bid if the BIDDER fails to furnish any required bid security, certificate of compliance or award ability or to submit the data required by the bidding documents.

B. It is the intent of the OWNER to award a contract to the responsive and responsible best value BIDDER(s) provided the bid(s) have been submitted in accordance with the requirements of the PROJECT SPECIFICATIONS and do not exceed the funds available.

C. The ENVIRONMENTAL CONSULTANT will review bids received and notify the OWNER who the lowest responsive and responsible best value bidder is. The following information may be considered in making this determination:

1. Compliance with all bidding requirements.

2. A bidder’s financial resources.

3. A bidder’s technical capabilities.

4. A bidder’s professional experience.

5. A bidder’s past performance.

6. A bidder’s insurance and bonding capabilities.

7. A bidder’s business integrity.

8. A bidder’s citation history with State & Federal Agencies.

9. A bidder’s safety record.

10. Any additional information made available to the OWNER.

1.3 BIDDER QUALIFICATIONS

If requested, the BIDDER shall provide the ENVIRONMENAL CONSULTANT a copy of the completed BIDDER QUALIFICATION FORM found in the following pages of these PROJECT SPECIFICATIONS no later than the post bid interview. Requested BIDDER(s) shall complete the BIDDER QUALIFICATION FORM in its entirety. Bidders who fail to submit any requested information or provide the information in a format other than on the requested form, may be deemed non-responsive and disqualified for contract award.

BIDDER QUALIFICATION FORM

Legal Company Name:

Principal Adress:

Contact Person:

Federal ID No.:

Telephone No.:

Duns No.:

Fax No.:

Email:

If incorporated, State of Incorporation:

Year Incorporated:

List company officers:

Name Title Years with Company

Provide a list of any other company that the Owner, Partners, or Officers have been affiliated with in the past five years:

Officer Name Company Affiliated with Affiliation

SAFTEY

Does your company have a written Safety Program? Yes____ No____ If yes, provide an electronic copy or verify that a current copy is on file with NAS.

Does your company have a Substance Abuse Program? Yes____ No____

Does your company have a safety officer? Yes____ No____

If YES, provide name: Telephone:

Does your company hold weekly craft “tool box” talk safety meetings? Yes____ No____

Does your company provide foreman safety training? Yes____ No____

If YES, how often?

Does your company conduct safety inspections? Yes____ No____ If YES, how often?

Does your company give orientation/safety instruction to new hires? Yes____ No____

FINANCIAL

Bank Reference: ___________________________________________________________________________ (Bank Name) (Telephone)

Contact Person: ____________________________________________________________________________ (Contact Name) (Title)

Is your company currently in default on any loan or other financial agreement?

Yes

No

Has your company ever been bankrupt or filed a petition for bankruptcy?

Is your company, or its officers, currently involved in any litigation?

(If you answered yest to any of the last 3 questions, please attach a brief explanation)

BONDING INFORMATION

Has any surety ever refused to bond your firm or any firms your officers are, or were, affiliated with? If so please attach a brief explanation.

Furnish a signed statement from your surety certifying the following information:

• Name of bonding firm, agent, and contact information.

• Your firm’s bonding limit (single project & aggregate).

• Dollar amount your firm is currently bonded for.

• Length of time your firm has been with this bonding company.

• If a claim has, or has not, ever been filed against your company.

EXPERIENCE

Provide the following information regarding the 5 most recent projects that your company has completed that were similar in size and nature to the one you are being considered for:

Project Name

Customer

Duration (# days)

Contract Amount

Name of the company that would file the asbestos abatement 10-day notices for this project:

Company Name:

License Number:

C-

Asbestos supervisor(s) that would be assigned to this project:

Name Accreditation Number

Number of employees available for this project:

In house Contractor/Supervisors:

In house Asbestos Workers:

Subcontracted Laborers:

Name of Laborer Company:

List of all subcontractors for this project (exclude suppliers):

Company Name Service Approximate Dollar Amount

As an Authorized Representative for (name of company submitting bid)

I hereby certify that the answers to the foregoing questions, and all documents contained herein, are true and correct. I understand that submission of this information is in no way a guarantee of Contract award by the Owner or Northern Analytical Services, LLC. and that the information is provided for review and evaluation purposes only.

(Signature) (Date)

(Above Name typed or Printed) (Title of Authorized Representative)

INSTRUCTIONS TO BIDDERS

1.0 BID FORM

A. Bidders must register with the ENVIRONMENTAL CONSULTANT to receive an official bid form. Registration can be achieved by submitting an email, with the subject line containing “Delta College S-Wing Flooring Abatement” to bids@northernas.com or by signing in at the pre-bid meeting.

1.1 BID SUBMISSION

Bids shall be submitted as follows:

A. On the bid forms provided in these PROJECT SPECIFICATIONS.

B. By the Bid Deadline.

C. To john@northernas.com.

1.2 BID DEADLINE

BIDS SHALL BE RECEIVED NO LATER THAN THE FOLLOWING DEADLINE:

02:00 PM, LOCAL TIME, ON November 12, 2025.

1.3 SIGNATURES

All affidavits, bids, notifications, claims and statements must be signed as follows:

A. Corporations: Signature of official shall be accompanied by a certified copy of the resolution of the

Board of Directors authorizing the individual signing to bind the corporation.

B. Partnerships: Signature of one partner shall be accompanied by a certified copy of the power of attorney authorizing the individual signing to bind all partners. If Bid is signed by all partners no authorization is required.

C. Sole Proprietor: No authorization is needed.

D. Each signature must be witnessed.

1.4 BID GUARANTEE

A. BIDDER shall submit with their bid an acceptable bid bond or certified check, made payable to the

OWNER, for not less than 5 (five) percent of their bid. Failure to include a 5% bid guarantee shall result in the rejection of your bid.

B. Bonds shall be provided by a U.S. domiciled firm, licensed to conduct business within the State of Michigan, U.S. Treasury listed, and rated A.M. Best as A-, financial category FSC IV or better.

mailto:bids@northernas.com mailto:john@northernas.com

1.5 SITE INSPECTION

BIDDERs shall visit the site and perform a thorough site inspection prior to submitting a bid. The OWNER reserves the right to reject bids from a BIDDER who fails to perform a thorough site inspection. Each BIDDER shall secure their own measurements and be responsible for the correctness of those measurements.

Each BIDDER shall be held to have made such examinations, and no allowances will be made in their behalf by reason of error or omission on their part. If any portion of the BIDDER’s work depends, for proper results, upon existing conditions, the BIDDER shall notify the ENVIRONMENTAL CONSULTANT of any conditions or defects that will affect the results. Failure to notify will constitute the BIDDER’s acceptance of the conditions.

1.6 BIDDER EXAMINATION OF THE PROJECT SPECIFICATIONS

Each Bidder shall examine the bidding documents carefully. In the event that the documents require interpretation or correction of any inconsistency, the ambiguity, or error, the BIDDER shall notify the ENVIRONMENTAL CONSULTANT in writing at least (7) days prior to the bid due date for clarification by written addenda. If such interpretation is not requested, the bid will be presumed to be based on the interpretation and instructions given by the ENVIRONMENTAL CONSULTANT after a contract is executed, in accordance with the terms of that Agreement. Only written interpretation or correction prior to the bid due date will be binding. Neither the OWNER, nor the ENVIRONMENTAL CONSULTANT will be responsible for any verbal explanations or interpretations of the PROJECT SPECIFICATIONS.

Plans, diagrams, drawings and other descriptive information that depict existing conditions are provided for scope identification and scheduling purposes only; dimensions should not be scaled. Quantities, elevation, measurements and locations shown have been approximated. Therefore, this information shall not be used for bidding purposes and must be field verified by the Bidder prior to bid submission.

1.7 ADDENDA

Any written changes or clarifications made by the OWNER or ENVIRONMENTAL CONSULTANT will be posted to the project bidding website. Bidders are required to check this location prior to submitting a bid. No Addenda will be issued later than 3 (three) days of the bid deadline except an addendum, if necessary, postponing the bid deadline or withdrawing the request for bids.

Each Bidder shall acknowledge receipt of each addendum in the appropriate place of the bid form.

1.8 BID FORMS

Use the bid forms provided in these PROJECT SPECIFICATIONS to prepare and submit bid. Do not modify, alter, qualify, or attach stipulations to your bid form. The OWNER reserves the right to reject such bids as non-responsive. BID FORMS are provided on the following pages:

Project No.: 240118 Date: October 18, 2024

BID FORM

BID DEADLINE:

2:00 PM on November 12, 2025

LEGAL NAME OF BIDDER:

LEGAL ADDRESS:

CONTACT PERSON: TITLE:

TELEPHONE NUMBER:

FAX NUMBER:

EMAIL ADDRESS:

BIDDER’S TAX IDENTIFICATION NUMBER:

The Undersigned, having visited the site and carefully examined the premises and the conditions affecting the WORK and carefully examined the bidding documents entitled Delta College S- Wing Flooring Abatement, dated October 21, 2025 as prepared by Northern Analytical Services, LLC., hereby agrees to perform, within the time stipulated, the WORK, including all its component parts, and everything required to be performed, and to provide and furnish all insurances, bonds, labor, material, tools, expendable equipment, transportation and all other services required to perform the WORK and complete in a workmanlike manner ready for use, all as required by and in strict accordance with the PROJECT SPECIFICATIONS for a sum computed as follows:

BID ITEM DOLLAR AMOUNT

Base Bid:

Addendum No.:_____ Dated ______ Addendum No. _____ Dated _______ Addendum No. _____ Dated________

The Undersigned agrees that the enclosed bid guarantee (bid bond, certified or cashier's check) in the amount of five percent (5%) of the Total Bid amount made payable to Delta College, being held by the OWNER; that its amount shall be a measure of liquidated damages the OWNER will sustain by failure of the undersigned to execute the agreement and furnish the insurance and bond required by the PROJECT SPECIFICATIONS should this Bid not be accepted within Sixty (60) calendar days after the date and time of Bid opening, or if the undersigned executes an Agreement with the Owner and submits approved insurance and bond certificates, the Bid Guarantee shall be returned.

SIGNATURE:

DATE:

PRINTED NAME:

TITLE:

1.1 BONDS, FEES, PERMITS AND TAXES

A. The bid sum includes all applicable bond costs, fees, permit costs, and taxes required by all legal authorities with jurisdiction over the WORK location.

1.2 VOLUNTARY ALTERNATES

A. The Bidder agrees that voluntary alternates for materials, methods, and/or equipment specified, if accepted by the OWNER, will be added or subtracted from the base bid. Provide a description of the proposed alternate(s) with pricing implications below and attach additional typed sheets on your letterhead if needed. Label clearly as “Delta College S-Wing Flooring Abatement-Voluntary Alternate.”

DESCRIPTION:

Add/(Deduct)

1.3 UNIT PRICING

A. Bidders submitting bids are required to provide unit costs for each of the items listed below. Provided unit costs are intended to assist the OWNER with bid evaluations and shall not be interpreted as an alternate bid price. Unit rates shall assume work is to be performed in accordance with requirements for similar work as described in these Specifications and shall not include any mobilization fees.

Mobilization including all necessary supplies and equipment.

i. 1-6 person crew: $

ii. More than a 6-person crew: $

iii. Pipe insulation:

Per Lineal foot Per fitting

iv. Asbestos containing flooring (per square foot)

Carpet Floor Tile Mastic

1.4 SCHEDULE OF VALUES

Bidders are required to break down their bid as follows:

Bid Item Cost

Bid Bond $

Performance Bond $

Insurances $

Regulatory Agency Notification Fees $

Phase 1A & 1B: S-Wing Lowler Level Total $

Work Area 2A & 2B: S-Wing Upper Level Total $

Other: $

Bid Total (must equal bid amount)

1.5 ASBESTOS-FREE PRODUCT INSTALLATION

It is hereby understood and agreed that no products/materials containing asbestos, including chrysotile, amosite, crocidolite, tremolite, anthophyllite, actinolite or any combination of these minerals that have been chemically treated and/or altered shall be installed or introduced to the OWNER’s property by the CONTRACTOR or his employees, agents, subcontractors, or other individuals or entities over whom the CONTRACTOR has control. The CONTRACTOR, its subcontractors of any tier, and vendors of any tier shall be required to sign a certification statement ensuring that all products or materials installed or introduced to the OWNDER’s property are asbestos free.

1.6 NON-COLLUSIVE CERTIFICATION

By submission of this bid, each BIDDER and each person signing on behalf of any BIDDER certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief:

A. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor;

B. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the BIDDER and will not knowingly be disclosed by the BIDDER prior to opening, directly or indirectly, to any other BIDDER or to any competitor;

C. No attempt has been made or will be made by the BIDDER to insure any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition;

D. The person signing this bid certifies that he/she has fully informed himself/herself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury, affirms that truth thereof, such penalties being applicable to the BIDDER as well as to the person signing on its behalf.

E. That attached hereto (if corporate BIDDER) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporation.

NAME OF BIDDER:

SIGNATURE:

DATE:

PRINTED NAME:

TITLE:

REGULATORY AGENCY VIOLATION HISTORY DISCLOSURE AFFIDAVIT

All BIDDERs must submit the following sworn statement regarding past regulatory agency violations and attach this form to their bid.

The undersigned, being the owner or authorized officer of ______________________________________ (the “BIDDER”), hereby certifies, represents and warrants that the information provided in this affidavit is true and accurate regarding past violation notices, or citations the BIDDER has received from any regulatory agency within the past five (5) years (including any that are pending appeal):

☐ No violation notice, or citation, from any regulatory agency, has been issued to the BIDDER within the previous five (5) Years.

Or ☐ The attached list includes every violation notice, administrative consent order, consent judgement, and citation, from every regulatory agency that has been issued to the BIDDER within the past five (5) years. Include the following information for each:

• Issuance date, Issuing Agency, Inspection number, or other identifying number, and a brief description of every violation notice or citation, including those with no monetary penalty.

The following statement is true and accurate regarding any criminal convictions related to any environmental regulations:

☐ Neither the Owner nor any partner, officer, or management level employee has been convicted of any environmental related criminal charge within the past five (5) years.

Or

☐ The attached list includes every criminal conviction related to environmental regulations for the owner, officer(s), partner(s), or management level employee(s). Provide the following information for each conviction:

• Name of each individual convicted, date of conviction, convicting agency, and a description of each conviction.

BIDDER’s Firm Name:___________________________________

By:________________________ ________________________ (printed name) (signature)

Its:___________________________________ (title)

Subscribed and sworn before me, this___________ Seal:

Day of_____________, 20_____, a Notary Public

In and for_______________ County, ____________(State).

Notary Public (signature)

IRAN SANCTIONS ACT

SWORN AND NOTARIZED AFFIDAVIT OF COMPLIANCE WITH IRAN ECONOMIC SANCTIONS

ACT

Michigan Public Act No. 517 of 2012

All BIDDERs must submit the following certification statement in compliance with Public Act No. 517 of 2012 (the “Iran Economic Sanctions Act”) and attach this form to the bid. Delta Col lege shall not accept a bid that does not include this sworn and notarized certification statement. This form must be completed in its entirety.

The undersigned, the owner or authorized officer of (the “BIDDER”), pursuant to the compliance certification requirement provided in the Project Specifications, hereby certifies, represents and warrants that the BIDDER (including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, and that in the event the Bidder is awarded a contract as a result of the aforementioned Project Specifications, the BIDDER will not become an “Iran linked business” at any time during the course of performing the WORK or any services under the contract.

The BIDDER further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which the false certification is made, whichever is greater, the cost of the Owner’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a request for proposal for three (3) years from the date it is determined that the person has submitted the false certification.

BIDDER’s Firm Name:___________________________________

By:________________________ ________________________ (printed name) (signature)

Its:___________________________________ (title)

Subscribed and sworn before me, this___________ Seal:

Day of_____________, 20_____, a Notary Public

In and for_______________ County, ____________(State).

Notary Public (signature)

My Commission expires______________________

END OF BID FORM

GENERAL CONDITIONS

OWNER – Delta College.

ENVIRONMENTAL CONSULTANT – Northern Analytical Services, LLC.

HYGIENIST – A representative of the ENVIRONMENTAL CONSULTANT.

CONTRACTOR – The BIDDER contracted by the OWNER to complete THE WORK.

PROJECT SPECIFICATIONS – This document and supplemental Specifications and drawings.

NOTIFICATION – Written notice delivered in person, by mail, or by electronic format.

SUBCONTRACTOR – Contractor(s) hired by the CONTRACTOR.

THE WORK – The scope of work defined by these PROJECT SPECIFICATIONS.

BIDDER – A person/persons/company submitting a bid to the OWNER in accordance with these PROJECT SPECIFICATIONs.

1.1 CONFLICTS AND OMISSIONS

The intent of these PROJECT SPECIFICATIONS is to describe everything necessary for the proper execution of THE WORK. In case of conflict, THE WORK shall not proceed until a decision has been agreed upon by all parties concerned. In the event that the PROJECT SPECIFICATIONS contradict Federal, State, or local regulations, the more stringent requirements shall prevail. Any estimated quantities provided in the PROJECT SPECIFICATIONS are intended to serve as an aid in describing the scope of work; BIDDERs shall secure their own measurements in preparation of their bid.

1.2 ROYALTIES, PATENTS, NOTICES AND FEES

CONTRACTOR shall give all notices and pay all royalties and fees. He/she shall defend all suits or claims for infringement of any patent rights and shall save the OWNER and the ENVIRONMENTAL CONSULTANT harmless from loss on account thereof. He/she shall comply with all laws, ordinances, and codes applicable to any portion of THE WORK.

It is understood to require compliance by the contract with State Statute, 1974 PA 53. The Act requires NOTIFICATION of Public Utilities by persons excavating or discharging explosives near underground facilities or demolishing buildings containing utility facilities and to provide for notice to affected parties when underground facilities are damaged. The CONTRACTOR shall provide notice to such Public Utility Companies a minimum of ten days prior to the start of such work and shall save the OWNER and ENVIRONMENTAL CONSULTANT from any responsibility where notice is not given.

1.3 EXAMINATION OF PREMISIS

The BIDDER shall familiarize himself/herself with local conditions affecting THE WORK. He/she shall take his/her own measurements and be responsible for the correctness of same. The BIDDER shall be held to have made such examinations and no allowances will be made on his/her behalf by reason of error or omission on his/her part. If any part of the CONTRACTOR's work depends upon existing conditions or THE WORK of another contractor, the CONTRACTOR shall notify the OWNER before commencing work with any defects that will affect the results. Failure to notify will constitute his/her acceptance of the conditions.

1.4 MEASUREMENTS BY THE CONTRACTOR

The accompanying drawings show the arrangement, general design and extent of THE WORK and are more or less diagrammatical with the building materials and equipment shown in their general locations. The CONTRACTOR shall make field measurements to verify or supplement dimensions indicated and assume full responsibility for accurate fit of all work.

It shall be noted that any material amounts listed in these PROJECT SPECIFICATIONS are estimates only and the drawings included are representations only. They both have been included solely as an aid to give an approximation of the general scope of work. Bids shall be based upon CONTRACTOR’s measurements and his field inspection information. Neither the OWNER nor the ENVIRONMENTAL CONSULTANT assume any liability for discrepancies, errors and/or omissions with the given figures and schematics.

1.5 WORKING CONDITIONS

All work shall be done in accordance with these PROJECT SPECIFICATIONS and all Local, State and Federal regulations and with the minimum possible interference with the proper functioning of the activities of the OWNER. Materials, tools, etc., shall be confined so as not to unduly encumber the premises. Each BIDDER shall be held to have visited the site and checked with the applicable authorities, the existing conditions, and the methods of carrying out THE WORK, and to have included in his/her bid all costs for meeting such working conditions.

1.6 MATERIALS AND WORKMANSHIP

Unless otherwise specified, all materials and workmanship shall be new and of the best grade of their respective kinds for the purpose intended. Whenever an article, material, or equipment is specified by name, a substitute of equal qualifications may be used upon the written approval from the ENVIRONMENTAL CONSULTANT.

A. "Or Equal" Claus

Whenever an article, material or item of equipment is described by a performance specification, written as a proprietary product, or uses the name of a manufacturer or vendor, the term "or equal" if not inserted, shall be implied. The specific article, material or item of equipment mentioned shall be understood as indicating the minimum requirements for fulfilling contract obligations as regards to type, function, standard of design and efficiency. CONTRACTOR(s) shall seek written approval prior to purchasing/installing alternative products in accordance with 2.15 of the General Conditions

– Substitution of Materials.

B. Discrepancies In all cases of discrepancies between the drawings and the PROJECT SPECIFICATIONS, the ENVIRONMENTAL CONSULTANT shall be notified in writing. If work proceeds without obtaining proper written interpretation of the conflicting drawings and PROJECT SPECIFICATIONS from the ENVIRONMENTAL CONSULTANT, the installed work which is not in accordance with the design and best practices shall be replaced by the CONTRACTOR at no additional cost. Interpretations shall not be provided by the HYGIENIST.

C. Omissions

The drawings and PROJECT SPECIFICATIONS are intended to describe the WORK and materials necessary. Any incidental item of material, labor or detail required for the proper execution and completion of the WORK and omitted from either the drawings and PROJECT SPECIFICATIONS or both, but required by governing codes, local regulations, trade practices, operational functions, and good workmanship, shall be provided as a part of contract work without extra charge, even though not specifically detailed or mentioned.

1.7 EMPLOYEES AND SUPERINTENDENT

The CONTRACTOR shall enforce good order among his/her employees and shall not permit any disorderly, intemperate, or unfit person, or anyone not skilled in the WORK assigned to him/her to remain on the WORK site. The CONTRACTOR shall designate a site superintendent who shall be on the WORK site at all times the CONTRACTOR or his subcontractors are present. The site superintendent shall be capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and have authorization to take corrective measures to eliminate them. He/she shall have the PROJECT SPECIFICATIONS available at the WORK site at all times.

1.8 OTHER CONTRACTS

The OWNER may let other contracts in connection with the WORK and the CONTRACTOR shall properly connect and coordinate his/her work with the WORK of such other CONTRACTORs. The OWNER shall not be liable for any damages or increased costs caused by the failure of other CONTRACTORs to execute their work as may be anticipated by these documents.

1.9 PROTECTION

The CONTRACTOR shall properly protect all new and existing work from damage. Proper safety provisions shall be made at all times for the protection of all persons.

A. Protection of OWNER Property: The CONTRACTOR shall be responsible for the protection of

OWNER property through the completion of THE WORK and shall exercise care to prevent damage to structures, utility services, storm and sanitary drainage systems, lawns, trees, plant material, fences, walks, drives, roadways and other improvements in and adjacent to the area of work under the contract. Any damage to OWNER property resulting from the CONTRACTOR’s operations shall be repaired or replaced at the expense of the CONTRACTOR.

B. Protection by others: The CONTRACTOR shall assume all responsibility for protection of his work areas unless it is specifically assigned to others in these PROJECT SPECIFICATIONS.

1.10 INSURANCE

CONTRACTOR’s Liability Insurance: The CONTRACTOR shall submit proof of insurance within three business days of receiving the request from the OWNER. No work connected with this contract shall be started until the OWNER has reviewed and accepted the CONTRACTOR insurance. Insurance providers shall be approved to do business in the State of Michigan. Insurance policies shall not contain any exclusion or limitations regarding asbestos, lead, or mold related abatement work. Insurance certificates must be accompanied by policy exclusions and limitations. Minimum limits of insurance are as follows:

Workmen’s Compensation Act Insurance as required by State of Michigan

Bodily Injury

- each person $ 1,000,000.00

- per occurrence $ 1,000,000.00 Property Damage

- per occurrence $ 1,000,000.00

- aggregate $ 2,000,000.00 Automobile Bodily Injury

- per occurrence $ 1,000,000.00

- aggregate $ 1,000,000.00 Automobile Property

- per occurrence $ 1,000,000.00

- aggregate $ 1,000,000.00 Personal Injury

- each person $ 1,000,000.00

- aggregate $ 1,000,000.00 Pollution Liability

- each occurrence $ 2,000,000.00

- aggregate $ 4,000,000.00

The foregoing policies shall be evidenced by a certificate of insurance acceptable to the OWNER. Such certificate shall be issued by a carrier with an A.M. Best rating of “A-” or better. Insurance maintained by the CONTRACTOR shall name Delta College and Northern Analytical Services, LLC. as additional insured. Personal Injury and Pollution Liability Insurance shall be "occurrence" rather than "claims made" coverage.

All of the above insurance shall be maintained during the life of this contract. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the OWNER’s interest shall not be effective until thirty (30) days after the insurer of the CONTRACTOR gives written notice to the additionally insured. Partial payments shall not relieve the CONTRACTOR from full responsibility for any damage, which may result from any cause including fire or other casualty until completion of the contract and final payment. Any casualties shall not relieve the CONTRACTOR from fulfilling the contract.

Any deductible costs shall be the responsibility of the CONTRACTOR.

1.11 BONDS

A. Bid Guarantee: A bid guarantee in the amount of five percent (5%) of the base bid amount is required and shall accompany the bid. The bid guarantee may be in the form of a bid bond issued by a qualified surety authorized to do business in the State of Michigan, a cashier’s check, or money order. Bids may not be withdrawn for a period of 60 days after the bid date. Checks or money orders used as bid guarantee shall be made payable to the OWNER.

B. Performance Bond: The selected CONTRACTOR shall furnish a bond issued by a qualified surety authorized to do business in the State of Michigan as security for the faithful performance of this contract. The cost of the aforesaid bonds shall be paid by the CONTRACTOR as part of the bid.

The amount of the bond shall equal the Contract Amount.

C. Payment Bond: The selected CONTRACTOR shall furnish a bond issued by a qualified surety authorized to do business in the State of Michigan for the protection of all persons supplying labor and material in carrying out THE WORK. The amount of the bond shall equal the performance bond.

D. Provide acceptable performance and payment bonds to the OWNER, with copies sent to the

ENVIRONMENTAL CONSULTANT, within three calendar days of receiving written request.

1.12 CHANGES

The CONTRACTOR shall not make any changes to the contracted work without explicit written direction from the

ENVIRONMENTAL CONSULTANT.

A. Change Orders: A Change Order is a written order to the CONTRACTOR signed by the OWNER, issued after execution of the contract, authorizing a change in THE WORK or an adjustment in the Contract Sum or the contract time.

1. Change Orders shall be approved by the OWNER prior to the change being implemented to be valid.

2. The OWNER is not obligated to honor any change order where the WORK has been implemented prior to OWNER approval.

3. The CONTRACTOR is liable for any costs associated with corrective actions needed to rectify unapproved changes implemented by the CONTRACTOR.

4. The HYGIENIST does not have the authority to approve any changes.

B. Cost or Credit: The Cost or Credit to the OWNER resulting from a change in the WORK shall be determined in one or more of the following ways:

1. Mutual acceptance of a lump sum.

2. By mutually agreed upon unit prices. In the event of an addition to the contract, a fee of not more than 10% shall be added for overhead and a fee of not more than 10% shall be added for profit if THE WORK is done by his own forces, and not more than 7.5% shall be added for administration and profit if THE WORK is done by Subcontractors.

3. By actual itemized cost and fixed fees as set forth in number 2, above. Costs shall be limited to the cost of materials, cost of labor, and cost of overhead.

C. Overhead: Overhead shall include Supervision, watchman and clerks, hand tools, incidentals, general office expense, and all other expenses not included in costs.

D. Net Value: If the Net Value of a change results in credit from the Subcontractor, the credit shall be the net value without overhead and profit.

1.13 TERMINATION FOR BREACH

The following shall be considered a breach in contract:

A. Unsafe work practices, job site hazards, or potential/actual regulatory violations that are not corrected immediately or are re-occurring.

B. Untimely progress relative to the contract time frame.

C. Work being completed that is not in accordance with the PROJECT SPECIFICATIONS and not corrected in a timely manner.

In the event the OWNER terminates this contract in full or in part as provided above, the OWNER may procure services similar to those terminated and the CONTRACTOR shall be liable to the OWNER for any excess cost reasonably incurred for such similar services. The CONTRACTOR shall also be liable for excess administrative costs, if the failure to perform arises out of an intentional act, failure to act, or negligence of the CONTRACTOR or subcontractors. The CONTRACTORs refusal to accept or perform work contracted or assigned under the terms of this agreement shall be deemed an intentional act in default of the agreement.

1.14 CLEAN-UP

The CONTRACTOR shall keep the premises free from accumulations of waste, material or rubbish caused by his/her employees or work, and at the completion of THE WORK he/she shall remove all of his/her waste, tools, equipment, staging and surplus materials from the structure and grounds and leave his/her work area clean and ready for use.

1.15 GUARANTEE

The CONTRACTOR shall furnish the OWNER with a written guarantee to remedy any defects due to faulty materials or workmanship which appear in the WORK within one year from the date of final acceptance by the OWNER.

1.16 PAYMENT

A. Payment for the WORK will be made in one sum at the final completion of the contract except that partial payments for the value of the substantially completed work may be made at monthly intervals when bonds are furnished. If the CONTRACTOR expects to request partial payments, he/she shall submit a schedule of values and quantities of the various parts of the WORK aggregating the total contract sum. A fee of not less than 10% of each pay item shall be withheld from partial payments for close out documentation identified in 6.0-Closeout Documentation. When applying for payments, the CONTRACTOR shall submit a statement based upon this schedule, itemized and supported as the OWNER may require. The Contract will not be considered complete until the WORK has been finally accepted by the OWNER and the following have been furnished:

1. The required guarantees, and

2. Satisfactory evidence that all payrolls, material bills, and other indebtedness connected with the WORK have been paid.

3. Satisfactory evidence that all waste and recycled items have been properly transported to the appropriate facility.

The OWNER will pay 100% of the amount due upon completion of each separate area. The OWNER may require for each application of payment, a consent of surety and waivers of lien from the CONTRACTOR and his subcontractors and Suppliers, as-built drawings, guarantees, manuals, brochures, operating instructions, waste shipment records, or other documents as required under the provisions of this Contract for completed work.

The OWNER may decline payment because of subsequently discovered evidence or subsequent observations, as may be necessary to protect against loss because of:

1. Defective materials and/or work not remedied.

2. Third party claims filed or reasonable evidence indicating probable filing of such claims.

3. Failure of the CONTRACTOR to make payment properly to subcontractors or for labor, materials, or equipment.

4. Reasonable evidence that the WORK cannot be completed for the unpaid balance of the contract sum.

5. Damage to the OWNER or another contractor.

6. Reasonable evidence that the WORK cannot be completed within the contract time.

7. Persistent failure to carry out the WORK in accordance with the PROJECT

SPECIFICATIONS.

When the above conditions are removed, payment shall be made for amounts adjusted because of them.

B. Payment for Stored Materials and Equipment:

Payments may be made on account of materials or equipment not incorporated in the WORK but delivered and suitably stored at the work site. Payments for materials or equipment stored at the work site shall be conditioned upon submission by the CONTRACTOR of bills of sale or such other procedures satisfactory to the OWNER to establish the OWNER's title to such materials or equipment or otherwise protect the OWNER's interest.

1.17 LIQUIDATED DAMAGES

The CONTRACTOR agrees that the completion dates are essential conditions of the PROJECT SPECIFICATIONS. Should the CONTRACTOR fail to complete the WORK by those dates, it is agreed that the sum of $1,000.00 will be deducted from the contract value for each and every calendar day the WORK is incomplete for each phase of the WORK. It is understood and agreed that this deduction is not a penalty, but represents liquidated damages suffered by the OWNER, and is so fixed on a per diem basis as a minimum rate.

Should the cost of damages related to the CONTRACTOR failing to meet the schedule exceed the agreed daily rate, the OWNER may use actual costs to determine liquidated damages.

1.18 ADDITIONAL TESTING FEES

The CONTRACTOR agrees to pay the OWNER, through contract deduction, the actual costs associated with all additional monitoring services or expedited laboratory services that are required to maintain the schedule.

This includes, but may not be limited to, working outside of the agreed upon schedule, expedited sample delivery costs, expedited laboratory turnaround times, repeated clearance tests, and additional project oversight.

Additional Testing Fees are separate from Liquidated damages and will be calculated on actual costs incurred by the OWNER.

1.19 INSPECTION

All materials and each part or detail of the WORK shall be subject at all times to inspection by the ENVIRONMENTAL CONSULTANT, the HYGIENIST, and OWNER and their designated representative.

The CONTRACTOR shall be held strictly to the true intent of the PROJECT SPECIFICATIONS regarding quality of materials, workmanship, and the diligent execution of the contract. The ENVIRONMENTAL CONSULTANT, HYGIENIST, and the OWNER and their representatives shall be allowed access to all parts of the WORK and shall be furnished with such information and assistance by the CONTRACTOR as is required to make a complete and detailed inspection. The final inspection and acceptance, as well as unannounced inspection of the project from time to time will be made by the ENVIRONMENTAL CONSULTANT, HYGIENIST, OWNER and their representatives. It will be the CONTRACTOR's responsibility to notify the ENVIRONMENTAL CONSULTANT three (3) days in advance when inspections necessary for the progress of the WORK are required. The presence or absence of a HYGIENIST will not relieve the CONTRACTOR of his responsibility of completing the WORK in accordance with the PROJECT SPECIFICATIONS and/or the regulatory standards. The CONTRACTOR is responsible for completing the WORK to the satisfaction of the OWNER and all applicable regulatory agencies.

The CONTERACTOR shall provide the OWNER, ENVIRONMENTAL CONSULTANT, and HYGIENIST all required personnel protective equipment, including but not limited to, protective coveralls, respirator filters, hearing protection, and gloves that are needed to enter a regulated work area.

2.0 SUPPLEMENTARY GENERAL CONDITIONS

2.1 MICHIGAN RIGHT-TO-KNOW LAW

The CONTRACTOR shall conform to the provisions of the Michigan Right-To-Know Law, 1986 PA 80, which requires employers to: 1) develop a communication program designed to safeguard the handling of hazardous chemicals through labeling of chemical containers and development and availability of Safety Data Sheets; 2) provide training for employees who work with these chemicals; and 3) develop a written hazard communications program.

The law also provides for specific employee rights. These include: 1) the right to be notified (by employer or CONTRACTOR posting) of the location of…